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ARTICLE · 15 MARCH 2017

One Toke Over The Line

Gowling WLG
Gowling WLG
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Canada's human rights laws offer vital protection for individuals whose personal characteristics historically pose barriers to employment and full participation in society.

CanadaGovernment, Public Sector

Canada's human rights laws offer vital protection for individuals whose personal characteristics historically pose barriers to employment and full participation in society. They are a great outgrowth of Anglo-American principles of equity. 

Yet their very success has induced claimants (and decision-makers) to stretch equality principles so thin as to achieve almost any desired result — far beyond correcting the kinds of wrongs Canadians recognize as improper discrimination.  A recent decision under the Nova Scotia Human Rights Act is a classic example of how human rights laws are misinterpreted and applied in situations where no unlawful discrimination has occurred.

Wayne Skinner of Nova Scotia suffers from work-related chronic pain disorder ("CPD") arising from an injury when he was a unionized employee of ThyssenKrupp.  His benefits are handled by an industry fund, the "Canadian Elevator Industry Welfare Trust." Skinner's condition causes a panoply

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